Apply for LMIA for Your Company

Apply for LMIA for Your Company

As the Canadian economy continues to grow, entrepreneurs are seeking to expand their operations and hire more workers. However, it may be difficult to find enough Canadian citizens or permanent residents to fill job openings. In these situations, employers may look to hire foreign workers through the Labour Market Impact Assessment process. Hence, it may be interesting to explore how to apply for LMIA for your company.

The LMIA process is designed to assess the impact of hiring a temporary foreign worker on the Canadian labour market. The aim is to ensure that Canadian citizens and permanent residents are not displaced from job opportunities and that the wages and working conditions offered to the foreign worker are consistent with Canadian standards.

In most cases, you cannot hire foreign workers without an LMIA. However, it is important to note LMIA exemptions. Two approaches can help determine whether you need to apply for LMIA for your business.

The first option is to review the LMIA exemption codes and identify the applicable code or exemption for your situation. If you find a suitable LMIA exemption code, you must include it in your offer of employment. If you do not qualify for any exemption, you must apply for LMIA for your entity.

The second option to determine whether you ought to apply for LMIA for your company is to contact the International Mobility Workers Unit (IMWU). It is obligatory when prospective temporary foreign workers reside in countries whose citizens are visa exempt. The IMWU will assess whether you need to apply for LMIA for your company and whether the temporary foreign workers are exempt from work permit requirements.

The International Mobility Program (IMP) should also be noted as it allows you not to apply for LMIA for your company. Still, the IMP only applies to certain categories of foreign workers who meet the criteria for an open work permit.

Work Program Requirements to Apply for LMIA

Now, it is time to discuss how to apply for LMIA for your company. So, it is important to identify the appropriate type of LMIA application to hire a temporary foreign worker. One of the most used streams is the Temporary Foreign Worker Program (TFWP), which enables foreign workers to fill either low-wage or high-wage job positions.

Under the TFWP, a job position is categorized as either low-wage or high-wage based on salary. A low-wage job pays less than the average wage for the respective province, while a high-wage job pays the average wage or higher. The prevailing wage for a specific position and location is calculated based on the median hourly wage or annual salary listed on the Job Bank website.

To apply for LMIA for your company under the TFWP, employers can request an employment duration of up to three years for high-wage positions and up to two years for low-wage positions.

The next popular stream to hire foreign workers is the Seasonal Agricultural Worker Program. This program enables the hiring of foreign workers for a maximum duration of eight months. To apply for LMIA for your company under this program, you need to fulfill three requirements.

1. Prospective foreign workers must be citizens of Mexico or participating Caribbean countries. The participating countries are Anguilla, Antigua and Barbuda, Grenada, Barbados, St. Kitts-Nevis, Jamaica, Dominica, Trinidad and Tobago, St. Vincent and the Grenadines, Montserrat, and St. Lucia.
2. Your production should be in specific commodity sectors, like apiary products or seed corn.
3. Your business activity ought to be focused on primary agriculture.

The other program is the Agricultural Stream, which allows you to hire foreigners for up to two years. To apply for LMIA for your company under this program, you ought to meet two requirements.

1. Your production must be in specific commodity sectors.
2. Your business activity needs to be in primary agriculture.

It is also possible to apply for LMIA for your company to hire foreign workers and support their permanent residency applications. Remember, that you can do it under Express Entry programs, namely the Federal Skilled Worker Program, the Federal Skilled Trades Program, and the Canadian Experience Class.

To apply for LMIA for your company under the FSWP, you must provide a non-seasonal full-time job offer that falls under TEER (Training, Education, Experience and Responsibilities) 0, 1, 2, or 3 of the National Occupational Classification (NOC) for at least one year. The job offer can be in management, professional, scientific, technical, or trade occupations.

If you want to apply for LMIA for your company under the CEC, you need to offer a non-seasonal full-time position in a TEER 0, 1, 2 or 3 for at least one year. To apply for LMIA for your company under the FSTP, you ought to offer a full-time job to a foreign worker in an eligible skilled trade or technical occupation in TEER 2 or 3 for at least one year.

The Guide to Apply for LMIA for Your Company

When you choose the work program that suits your hiring situation, you can apply for LMIA for your company. It is better to do this at least six months before the anticipated start date of the foreign worker. To apply for LMIA for your company, you must complete four steps.

1. You need to have a valid Job Bank account. If you do not have it, you should register and wait for up to five business days for Job Bank to process your application. Then, you ought to access the LMIA Online Portal using your Job Bank credentials.
2. You must fill out the LMIA application and upload the documents supporting the legitimacy of your business. You can submit the most recent Canada Revenue Agency (CRA) tax documents, the most recent business license, or recruitment documents.
3. To apply for LMIA for your company, you need to pay the processing fee of $1,000 for each position requested. You are exempt from paying processing fees if you apply under Express Entry or the offered occupations are related to positions under the NOC 80020, 80021, 82030, 82031, 84120, 85100, 85101, and 85103.
4. You ought to apply for LMIA for your company and submit the required documents via the LMIA Online Portal. If you cannot apply for LMIA for your company under the LMIA Online Portal, you must send the required documents to the Service Canada Processing Centre in the region where the temporary foreign workers will be employed.

The Processing of LMIA Application

When you apply for LMIA for your company, Immigration, Refugees and Citizenship Canada (IRCC) must evaluate your application and ensure four main things.

1. You are eligible to apply for LMIA for your company and participate in the work programs.
2. The offer of employment meets the requirements set by both the federal government and the province or territory where the worker will be employed.
3. The job offer is consistent with the employer’s employment needs, and the employer can fulfill the terms and conditions of the job offer.
4. IRCC needs to assess the impact of hiring a temporary foreign worker on the Canadian labour market.

Once you apply for LMIA for your company, you ought to wait for a decision of at least ten business days. You can take two steps to reduce delays in LMIA application processing. Before applying, you need to carefully review it and ensure you include all required information and supporting documents. Second, you must provide any requested information or documentation as soon as possible. By following these steps, you can help ensure that you apply for LMIA for your company efficiently, and you can hire foreign workers without delay.

When you are approved to get LMIA, you will get the necessary documents from Employment and Social Development Canada (ESDC). Then, you must send a copy of the LMIA to the prospective foreign worker that allows them to apply for a work permit.

 

In case, if you need help with LMIA application for your company in order to bring international professional from overseas to Canada, please fill in application below or contact us directly.